Functions of civil and family law and their implementation in the legislation of the Russian Federation and the Republic of Belarus
Автор: Bondarenko N.L., Khaletskaya T.M.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Международное право и сравнительное правоведение
Статья в выпуске: 1 (47), 2020 года.
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Introduction: the article deals with the functions of law - a topic not losing its relevance for a long time. Along with the subject and method of legal regulation, functions of law are constitutive elements of any branch of law. The article analyzes functions of two branches of law - civil and family law. The relevance of this study is due to fact that civil and family law have much in common, both in the subject and in the method of legal regulation. Study of their specific functions and peculiarities of those will provide additional arguments in favor of the independence of family law as a branch. Purpose: to develop an understanding of the functions of civil and family law based on scientific data analysis. The objectives of the research are as follows: to study the concept ‘function of law’ ; to identify criteria for classifying functions of law; to identify the functions of civil and family law and analyze the features of their implementation. Methods: both general and special scientific methods were used in research: description, classification, interpretation, the method of formal and dialectical logic, comprehensive analysis of legislation. Results: functions of law are properties constantly inherent in law, determined by its social purpose, representing the main directions of its impact on public life and reflecting its interaction with other social regulators existing in society at a certain historical stage in the development of law; functions of law should be classified in relation to the relevant branch, sub-branch, legal institution or legal norm. Conclusions: the content and features of the implementation of the functions of civil and family law are dependent on the subject and method of legal regulation
Functions of law, classification of functions of law, implementation of functions of law, civil law, family law, subject and method of legal regulation
Короткий адрес: https://sciup.org/147229521
IDR: 147229521 | DOI: 10.17072/1995-4190-2020-47-107-136